SMP Law takes a look back at some significant cases in 2022:

 

Superior Court Level – Cost award of $30,000.00 for a successful summary judgment motion – marriage contract upheld – equalization payment in favour of client

SMP Law’s client entered into a marriage contract confirming that the husband had no interest in her home. Six years later, the husband attempted to set aside the marriage contract alleging that he did not understand the contract and he did not receive independent legal advice, and that due to the wife’s failure to provide financial disclosure at the time of execution. SMP Law successfully defended the husband’s claim and the marriage contract was deemed valid.

 

Superior Court Level – Parental Alienation, blackout period, Family Bridges Program (update)

SMP Law’s client was alienated from his daughter for over 7 years and was granted sole parenting of the child with a black out period to the mother due to her alienating behaviour. The father and child to entered into therapy with Family Bridges Program. The client had unsuccessfully attempted to address the mother’s alienating behaviour for over 7 years of litigation. In the last year, the father retained SMP Law and without a trial received a consent order granting the father sole decision making of the child and a blackout period preventing the mother from communicating with the child. In December 2022, the mother commenced reintegration therapy.

 

Superior court level – motion to stay FRO enforcement granted, and Cost order $8,500.00 – approaching substantial indemnity granted.

In 2022, the other party sought FRO enforcement of a 2013 separation agreement, an agreement that neither party had addressed the material changes in circumstances. SMP Law was successful in bringing an urgent motion to have the FRO enforcement stayed and its client received $8,500.00 in legal cost.

 

Superior Court Level – adjournment request denied, motion for child support for adult child, imputation of income to father, cell phone and gym membership not appropriate section 7 expenses, and cost of $8000 for bad faith

SMP Law’s client was successful on the relief sought in her motion and defending the husband’s motion. The husband income was imputed due to his lifestyle showing he made more income than reported on his tax returns. The adult child attending school was entitled to child support. Foreign income from Egypt was not included in SMP Law client’s income for support purposes.  SMP Law successfully defended father’s request for an adjournment for the adult child to prepare a budget. SMP Law’s client was entitled to cost on a full recovery basis, received an order for cost in the amount of $8,000.00.

 

Superior Court Level – family court – father granted primary residency of the children after mother unilaterally decision to remove children from school and move them to new jurisdiction (“self help”), and cost.

Parties separated and due to criminal accusations, SMP Law’s client was prevented from attending the family residence. The mother used this opportunity to remove the children from school and then moved to another city. SMP Law brought an urgent motion for the children to reside with the father. SMP Law’s motion was successful. Court ordered the children to reside primarily with the father on the condition he resided within the children’s former school’s catchment area. Mother was ordered to pay $5,000.00 in cost to the father for the motion.

 

Superior Court Level – family court – Urgent motion for compliance with the listing and sale of the parties’ residence, cost awarded – substantial indemnity – granted $6,000.00.

SMP law was successful in bringing an urgent motion requesting the mother’s compliance for the listing and sale of the parties’ residence. Mother’s cost was to be paid from her share of the sale proceeds.

 

Ontario Court Level – alienation and cost $7,500.00, failure with motion to strike pleadings could proceed

Mother ordered to pay cost to SMP Law’s client due to her refusal to comply with orders and due to her alienating behaviour. Mother continually refused to comply with the court order. Mother ordered to immediately pay cost of $7,500.00 otherwise father could proceed with a motion to strike.

 

SMP Law is always here to help SiMPlify your legal matter and answer any of your questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

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